This has as main purpose the harmonization of the applicable legal framework with respect to the amendments to the General Health Law and the Federal Criminal Code regarding cannabis matters, and as ordered by the Mexican Supreme Court in the Constitutional Claim Review Recourse 57/2019.
As part of the main provisions of the Regulations we highlight the following:
- The Regulations have as their main purpose the control, promotion, and sanitary surveillance of the raw materials, pharmacological derivatives, and cannabis drug products aimed for growing, manufacturing, research, and medical purposes.
- The Regulations allow the (i) production, (ii) pharmacological and medical research, (iii) manufacture, (iv) importation, (v) exportation, and (vi) marketing of the cannabis and its pharmacological derivatives for preventive and therapeutic purposes.
- Growing, research, use, prescription, handling, importation, and distribution will be subject to strict requirements and the granting of different authorizations by the corresponding authorities.
- The authorities responsible for the application and interpretation of the Regulations in their different areas will be primarily the Health, Economy, Customs, and Agricultural authorities in Mexico.
- The importation of cannabis products will only be allowed through specific and authorized customs. Specific rules must be observed for submitting the corresponding import permits.
- Advertising of drug products that are subject to the Regulations will be only authorized so long as this is directed to health care providers.
- New functions are granted to the different governmental agencies for the application and surveillance of the Regulation.
The Regulations do not cover products with agronomic and industrial purposes, such as the control of products with large industrial uses containing cannabis derivatives of less than 1 percent of THC (e.g., food, cosmetic products, etc.).
The Regulations will have an important effect on the provisions governing real estate and agricultural property matters in Mexico, as a result of the permits granted for the planting, growing, cropping, and production of cannabis.
The Regulations will enter into force on 13 January 2021. Hogan Lovells is ready to advise you on any issue related to this publication.
Authored by Juan Francisco Torres Landa, Ernesto Algaba, and Cecilia Stahlhut.